(PC) McCurdy v. California Department of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES C. MCCURDY, No. 2:17-cv-1736 TLN CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITAITON, et al., Defendants. 17 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. §1983. On January 24, 2018, the court screened plaintiff’s complaint as the court is required to do under 28 U.S.C. § 1915A(a). The court found that plaintiff could proceed on claims for damages arising under the Eighth Amendment for excessive force and denial of medical care against defendant Thomas as detailed in paragraphs 12 and 15 of plaintiff’s complaint. Defendant Thomas has filed a motion for summary judgment with respect to those claims arguing plaintiff failed to exhaust available administrative remedies prior to filing suit as he was required to do under 42 U.S.C. § 1997(e)(a). I. Summary Judgment Standard Summary…